Douglas County stays decision on Franktown coffee-shop water-and-sewer waiver after conduct concerns

Douglas County commissioners on May 13 stayed a decision on a waiver request that would allow a proposed coffee shop at 206 Kelty Road in the Franktown Village area to be served by an existing private well and septic system instead of a central water and sanitation district.

The waiver request (project file P2024-081) would exempt the property from a zoning resolution requirement that commercial uses in the commercial zone be served by central water and sewer. Planning staff said the applicants estimate the coffee shop’s annual demand at about 0.92 acre-feet per year; that amount converts to roughly 820 gallons per day. Staff also reported the property’s well permit authorizes withdrawal of up to 1 acre-foot annually from the Denver Aquifer and that the Colorado Division of Water Resources reviewed the proposed supply and had no objection provided the permit’s terms are met.

The waiver matter moved to the board after an administrative site-plan (SIP) application for a 1,500-square-foot building conversion to a coffee shop. Planning staff advised that an existing on-site septic system may require additional permits from the Douglas County Department of Public Health and Environment following a certified septic designer’s evaluation, and recommended three conditions if the board approved the waiver: that all SIP standards and permits be met prior to final approval; that any changes increasing water demand require a new waiver; and that any commitments made by the applicants during the public hearing be reduced to writing and satisfied.

Caroline Young Henry, an attorney with Shaner & Franklin representing Brandon and Heidi Messer, told the board the property has a “long standing mixed-use history” and identified a 1956 well permit (WCBD-147) that historically served both domestic and small commercial uses. She said a change-of-use permit (336476) and a decreed underground water right (case 2020CW3028) support the applicants’ ability to serve the site by existing water sources and that connecting to the nearest municipal system in Castle Rock—about 2 miles away—would not be feasible for a small coffee shop.

During deliberations, Commissioner Teal (identified in the record as a commissioner) opposed approving the waiver and raised concerns about the applicants’ conduct in prior interactions with county staff and with commissioners. Teal described prior regulatory violations and said the applicant’s behavior had been “intimidating,” and argued those concerns could bear on the county’s ability to find the waiver “non-detrimental” under the zoning resolution standards. The chair asked County Attorney Garcia for legal guidance about ex parte communications; Garcia advised that a disclosure by the commissioner was helpful and that the board retains discretion to apply approval criteria or to pursue other process steps.

Several commissioners said Teal’s remarks warranted further investigation. One commissioner noted potential drainage and paving work on the parcel that had not been reviewed and raised water-quality concerns because of the property’s proximity to Cherry Creek drainage. Following discussion, a motion to stay (hold) the waiver request pending additional investigation and evaluation passed on a voice vote. The board recorded the action as stayed pending further investigation.

No members of the public offered comment during the hearing on this item.

Because the board did not approve or deny the waiver, the county’s procedural and public-health review processes remain in play: staff noted the Division of Water Resources’ review and the county health department’s plan-review and septic evaluation continue to apply if and when the application returns to the board for decision.